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Wednesday, 25 July 1906


Senator KEATING (Tasmania) (Honorary Minister) . - This clause, as it stands, provides that the person or bodies enumerated in the paragraphs may, " bv force of this Act," "sell and convey the land to the Commonwealth." Clause 9, which will subsequently come up for consideration, provides, in paragraph a, that the power to sell and convey may be exercised - by any person (other than a married woman entitled to dower, 01 a lessee for life, or for life and years, or for years, or for any less interest), not only on behalf of himself and his heirs, executors, administrators, and successors, but also on behalf of every person entitled to reversion, remainder, or expectancy after him, and in defeasance of the estate of eve ry person so entitled.

Theeffect of that provision is that the persons excepted have no power to convey anv interest beyond their own.


Senator Pearce - That does not seem to be set out clearly, and it seems 10 be in contradiction of paragraph i of clause8.


Senator KEATING - The Bill - says that the power to sell may be exercised by any person, not only on behalf of himself, but also on behalf of any person entitled in reversion, remainder, or expectancy after him, and in defeasance of the estate of every person so entitled ; with the exception of the persons enumerated in brackets in the paragraph. If it is desired that there shall be any restriction placed on persons who only hold a partial or limited interest in property disposing of the whole of the estates to the Commonwealth, the proper course, it seems to me, would be to extend the exemptions which are included in parentheses in paragraph a of clause 9. If Senator Best objects to the tenant In tail or the tenant for life having power to dispose of the whole interest in a property to the Commonwealth, the proper place to include such an amendment would be in the same paragraph. The tenant' for life could be included amongst the other disabled persons. But clause 8 -deals with the power of persons to dispose of land to the Commonwealth where the compulsory powers of the measure, are -not being employed.


Senator Pearce - It does not say anything about their own interests.


Senator KEATING - But the definition of land in the Bill includes any estate or interest in land. If Senator Best wishes to except any person empowered by clause 8 to dispose of land to the 'Commonwealth, and to confine his powers to his own interests, such person can be enumerated where I have mentioned in clause 9.







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